WINTER HAVEN, Fla. — The Uber driver sheriff's deputies said shot and killed a man who threatened him on Highway 27 in Polk County will not face any charges. 

  • No charges for Uber driver in fatal Polk shooting
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  • Sheriff: Jason Boek mistakenly thought girlfriend was in Uber
  • PREVIOUS STORY: Uber driver shoots, kills man

On Tuesday, the State Attorney's Office ruled Robert Westlake was justified in shooting Jason Boek. 

Investigators said 34 year-old Jason Boek was outside the New Grove Lounge on Highway 27 in Dundee Aug. 29 stalking his girlfriend who was inside the bar.

About that time, investigators said Boek’s girlfriend and a bartender helped get a female customer into an Uber car because she had too much to drink.

Sheriff Grady Judd said Boek thought it was his girlfriend in the Uber and followed it and began sending threatening text messages to the girlfriend that included beating the Uber driver.

A dashcam video from inside the Uber car shows Boek using his pickup to force the Uber to stop.

Westlake, 38, the Uber driver, told deputies that he thought Boek was trying to run him off the road. 

In the dashcam video, Boek can be heard threatening to shoot Westlake after getting out of his truck. 

Investigators also said Boek yelled that he had a pistol as he approached Westlake. 

At that point, Westlake, a concealed weapon permit holder and a licensed armed security guard, pulled out his gun and fired one shot at Boek, according to Judd. 

After Boek was shot, Westlake called 911 and began CPR, authorities said. Westlake can be heard on a 9-1-1 call explaining what happened.

“He ran me off the road. Jumped out of his vehicle. I couldn’t get away. He came towards me. Shouted he’s got a pistol.  Reached for his waistband uh, I, I fired one shot from my pistol.”

The Uber passenger said the entire situation was scary and unfortunate but she added she was grateful to Westlake. 

"At the end of the day the message is clear," Judd said. "Don’t mess with the Uber driver. Leave the Uber driver alone. Cause he may just be a certified police officer in waiting."